Key Takeaway
NY Second Department makes prima facie cases nearly impossible for medical providers. Expert analysis of no-fault litigation challenges. Call 516-750-0595.
This article is part of our ongoing prima facie case coverage, with 73 published articles analyzing prima facie case issues across New York State. Attorney Jason Tenenbaum brings 24+ years of hands-on experience to this analysis, drawing from his work on more than 1,000 appeals, over 100,000 no-fault cases, and recovery of over $100 million for clients throughout Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, and the Bronx. For personalized legal advice about how these principles apply to your specific situation, contact our Long Island office at (516) 750-0595 for a free consultation.
The Challenge of Proving Prima Facie Cases on Summary Judgment in New York No-Fault Litigation
Medical providers throughout Long Island, Queens, Brooklyn, Manhattan, and the Bronx face an increasingly difficult landscape when seeking summary judgment in no-fault insurance disputes. The Second Department’s Appellate Term has created what many legal practitioners describe as an almost insurmountable burden for plaintiffs attempting to establish prima facie cases on summary judgment motions.
This development has significant implications for healthcare providers seeking to recover unpaid no-fault benefits, as the path to quick resolution through summary judgment has become extraordinarily narrow. Understanding these challenges is crucial for medical practices navigating the complex world of New York’s no-fault insurance system.
The Growing Pattern of Prima Facie Difficulties
For those aspiring writers out there, you could put together a decent law journal article in less than 4 hours based upon the near impossibility of plaintiffs’ ability to make a prima facie case on summary judgment in the lower courts in the Second Department.
Avenue I Med., P.C. v GEICO Indem. Co., 2012 NY Slip Op 52399(U)(App. Term 2d Dept. 2012);
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Brooklyn Hgts. Physical Therapy, P.C. v New York Cent. Mut. Fire Ins. Co., 2012 NY Slip Op 52398(U)(App. Term 2d Dept. 2012)
And now Hennig’s residual troubles with proving prima facie in District Court:
NYU-Hospital for Joint Diseases v American Tr. Ins. Co., 2012 NY Slip Op 52387(U)(App. Term 2d Dept. 2012)
Lenox Hill Hosp. v Tower Ins. Co. of N.Y., 2012 NY Slip Op 52391(U)(App. Term 2d Dept. 2012)
I have to imagine that the folks at AAA must like when they see decisions like this. The only alternative to this (besides trying ever case) would be to file in the First Department; yet, the calendar backups out there are atrocious. I would say file upstate, but then you will get a forum non conviens motion which will probably get granted. One could say that the courts (through 5 year adjournments) and the Appellate Term have done what the Legislature has been unable to do.
Contact us at 516-750-0595 for a comprehensive evaluation of your no-fault insurance matters. We serve medical providers throughout Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, the Bronx, and the entire New York metropolitan area.
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Legal Context
Why This Matters for Your Case
New York law is among the most complex and nuanced in the country, with distinct procedural rules, substantive doctrines, and court systems that differ significantly from other jurisdictions. The Civil Practice Law and Rules (CPLR) governs every stage of civil litigation, from service of process through trial and appeal. The Appellate Division, Appellate Term, and Court of Appeals create a rich and ever-evolving body of case law that practitioners must follow.
Attorney Jason Tenenbaum has practiced across these areas for over 24 years, writing more than 1,000 appellate briefs and publishing over 2,353 legal articles that attorneys and clients rely on for guidance. The analysis in this article reflects real courtroom experience — from motion practice in Civil Court and Supreme Court to oral arguments before the Appellate Division — and a deep understanding of how New York courts actually apply the law in practice.
About This Topic
Prima Facie Case Requirements in New York
Establishing a prima facie case is the threshold burden that every plaintiff or moving party must meet. In no-fault practice, the standards for a prima facie case on summary judgment have been refined through extensive appellate litigation — covering the sufficiency of claim forms, proof of mailing, medical evidence, and the procedural prerequisites for establishing entitlement to benefits. These articles analyze what constitutes a prima facie showing across different claim types and the evidence required to meet or defeat that burden.
73 published articles in Prima Facie case
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Aug 6, 2013Was this article helpful?
Disclaimer: This article is published by the Law Office of Jason Tenenbaum, P.C. for informational and educational purposes only. It does not constitute legal advice, and no attorney-client relationship is formed by reading this content. The legal principles discussed may not apply to your specific situation, and the law may have changed since this article was last updated.
New York law varies by jurisdiction — court decisions in one Appellate Division department may not be followed in another, and local court rules in Nassau County Supreme Court differ from those in Suffolk County Supreme Court, Kings County Civil Court, or Queens County Supreme Court. The Appellate Division, Second Department (which covers Long Island, Brooklyn, Queens, and Staten Island) and the Appellate Term (which hears appeals from lower courts) each have distinct procedural requirements and precedents that affect litigation strategy.
If you need legal help with a prima facie case matter, contact our office at (516) 750-0595 for a free consultation. We serve clients throughout Long Island (Huntington, Babylon, Islip, Brookhaven, Smithtown, Riverhead, Southampton, East Hampton), Nassau County (Hempstead, Garden City, Mineola, Great Neck, Manhasset, Freeport, Long Beach, Rockville Centre, Valley Stream, Westbury, Hicksville, Massapequa), Suffolk County (Hauppauge, Deer Park, Bay Shore, Central Islip, Patchogue, Brentwood), Queens, Brooklyn, Manhattan, the Bronx, Staten Island, and Westchester County. Prior results do not guarantee a similar outcome.
